Nebraska § 28-456 Phenylpropanolamine
or pseudoephedrine; sold without a prescription; requirements; enforcement

Nebraska Statutes

§ 28-456 — Phenylpropanolamine or pseudoephedrine; sold without a prescription; requirements; enforcement

Nebraska § 28-456

Ch. 28Crimes and Punishments

This text of Nebraska § 28-456 (Phenylpropanolamine or pseudoephedrine; sold without a prescription; requirements; enforcement) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 28-456 (2026).

Text

(1)Any drug products containing phenylpropanolamine, pseudoephedrine, or their salts, optical isomers, or salts of such optical isomers may be sold without a prescription only if they are:

(a)Labeled and marketed in a manner consistent with the pertinent OTC Tentative Final or Final Monograph;

(b)Manufactured and distributed for legitimate medicinal use in a manner that reduces or eliminates the likelihood of abuse;

(c)Packaged as follows:

(i)Except for liquids, sold in package sizes of not more than three and six-tenths grams of pseudoephedrine base or three and six-tenths grams of phenylpropanolamine base, in blister packs, each blister containing not more than two dosage units, or if the use of blister packs is technically infeasible, in unit dose packets or pouches; and

(ii)For l

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(1) Any drug products containing phenylpropanolamine, pseudoephedrine,
or their salts, optical isomers, or salts of such optical isomers may be sold
without a prescription only if they are:
(a) Labeled and marketed in a manner consistent with the
pertinent OTC Tentative Final or Final Monograph;
(b) Manufactured and distributed for legitimate medicinal
use in a manner that reduces or eliminates the likelihood of abuse;
(c) Packaged as follows:
(i) Except for liquids, sold in package sizes of not more
than three and six-tenths grams of pseudoephedrine base or three and six-tenths
grams of phenylpropanolamine base, in blister packs, each blister containing
not more than two dosage units, or if the use of blister packs is technically
infeasible, in unit dose packets or pouches; and
(ii) For liquids, sold in package sizes of not more than
three and six-tenths grams of pseudoephedrine base or three and six-tenths
grams of phenylpropanolamine base;
(d) Sold by a person, eighteen years of age or older, in
the course of his or her employment to a customer, eighteen years of age or
older, with the following restrictions:
(i) No customer shall be allowed to purchase, receive, or
otherwise acquire more than three and six-tenths grams of pseudoephedrine
base or three and six-tenths grams of phenylpropanolamine base during a twenty-four-hour
period;
(ii) No customer shall purchase, receive, or otherwise acquire
more than nine grams of pseudoephedrine base or nine grams of phenylpropanolamine
base during a thirty-day period; and
(iii) The customer shall display a valid driver's or operator's
license, a Nebraska state identification card, a military identification card,
an alien registration card, or a passport as proof of identification; and
(e) Stored behind a counter, in an area not accessible to
customers, or in a locked case so that a customer needs assistance from an
employee to access the drug product.
(2) Any person who sells drug products in violation of this
section may be subject to a civil penalty of fifty dollars per day, and for
a second or any subsequent violation, the penalty may be one hundred dollars
per day. Any such drug products shall be seized and destroyed upon the finding
of a violation of this section. The department, in conjunction with the Attorney
General, the Nebraska State Patrol, and local law enforcement agencies, shall
have authority to make inspections and investigations to enforce this section.
In addition, the department may seek injunctive relief for suspected violations
of this section.